Cass Sunstein provides a good explanation of why counterfactual analysis is often useful to historians and social scientists. His points are especially relevant to legal scholarship.
"Atlas Shrugged, Part 3" - the final movie in the series based on Ayn Rand's book - is truly awful.
With my take on the Takings Clause.
A contested view of our founding document.
A very promising symposium.
My thoughts on Michael Ramsey's and Michael Rappaport's posts on Justice Scalia's views on elitist and populist versions of originalism.
Today is the 75th anniversary of the Nazi-Soviet Pact, a treaty that probably led to more deaths and atrocities than any other international agreement in the history of the world. In today's Germany, virtually no one in the political mainstream defends the agreement. Not so in Vladimir Putin's Russia.
Michael Ramsey and Timothy Sandefur have responded to my earlier post on elitist and populist versions of originalism. In this post, I continue the conversation and offer rejoinders to some of their points.
Some theories of originalism privilege elite understandings of the Constitution, while others emphasize those of ordinary people. There are serious arguments for both elitist and populist versions of originalism. Sometimes, the two approaches yield very different interpetations of the Constitution.
Washington Post-affilated blogger Paul Waldman claims that police abuses in Ferguson demonstrate the need for more federal and state intervention to curb local government abuses. The local government does indeed deserve blame. But Waldman is wrong to minimize the federal role in exacerbating police abuses, and also in concluding that increased federal and state control is a good general solution for local misgovernment.